City Council Meeting Packets

City Council Regular Meeting March 18, 2015 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, March 18, 2015, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Curtis R. Milteer, Sr. Lue R. Ward, Jr. Selena Cuffee-Glenn, City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order. Council Member Milteer offered the Invocation and the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of March 18, 2015, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Milteer, on a motion seconded by Council Member Duman, moved to approve the resolution, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MARCH 18, 2015, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting March 18, 2015 APPROVAL OF THE MINUTES Council Member Duman, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the March 4, 2015, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation – State of the College Utilizing a PowerPoint presentation, Dr. Paul Conco, President, Paul D. Camp Community College, gave a report on the services and programs at Paul D. Camp Community College. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove the Consent Agenda item for separate action. Hearing no requests for removal of the item, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as outlined. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to adopt the agenda as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda item: Consent Agenda Item #7 - An ordinance to accept and appropriate a V-STOP Reduction in Domestic Violence Grant from the Virginia Department of Criminal Justice Services Vice Mayor Bennett sought an explanation of Consent Agenda Item #7 - An ordinance to accept and appropriate a V-STOP Reduction in Domestic Violence Grant from the Virginia Department of Criminal Justice Services. Referring to Consent Agenda Item #7, City Manager Cuffee-Glenn gave an overview of the background information as printed in the official agenda. 2 City Council Regular Meeting March 18, 2015 Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing – An ordinance authorizing the acquisition of right of way, permanent and temporary easements, and real property, either by agreement or condemnation, for the Route 58/Holland Road improvements project Utilizing a PowerPoint presentation, Public Works Director Eric Nielsen submitted a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Referring to the presentation, Council Member Goldberg asked if the impacted property owners have been contacted about the project. Public Works Director Nielsen advised that all of the impacted property owners have received a letter about the project. He added that there was also a public meeting about the project, which was well attended by property owners. Public Works Director Nielsen concluded that a number of impacted property owners have also come to his department to view the project’s plans to gain a better understanding of the project’s impact on their property. Referring to the presentation, Council Member Duman opined about the multiuse trails included in the project. Public Works Director Nielsen said the trails could be used for walking and bicycles but motorized vehicles would be prohibited. Referring to the presentation, Council Member Duman sought clarification about the feasibility of applying for TIGER grants during the construction of the project. Public Works Director Nielsen reported that the City can still seek TIGER grants during the construction of the project on an annual basis. Referring to the presentation, Vice Mayor Bennett requested information about the number of residential property locations as a result of the project. Public Works Director Nielsen stated that 25 of the 31 property relocations were residential. Referring to the presentation, Council Member Johnson queried about the speed limit on the new road. Public Works Director Nielsen indicated that the speed limit would be 45 miles per hour. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, Milteer and Ward 7 NAYS: Council Member T. Johnson 1 3 City Council Regular Meeting March 18, 2015 AN ORDINANCE AUTHORIZING THE ACQUISITION OF RIGHT OF WAY, PERMANENT AND TEMPORARY EASEMENTS, AND REAL PROPERTY, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE ROUTE 58/HOLLAND ROAD IMPROVEMENTS PROJECT Public Hearing – An ordinance authorizing the acquisition of right of way, permanent and temporary easements, and real property, either by agreement or condemnation, for the Route 58/Manning Bridge Road Intersection Improvements Project (Kenyon Road Connector) Utilizing a PowerPoint presentation, Public Works Director Nielsen gave a review of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE ACQUISITION OF RIGHT OF WAY, PERMANENT AND TEMPORARY EASEMENTS, AND REAL PROPERTY, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE ROUTE 58/MANNING BRIDGE ROAD INTERSECTION IMPROVEMENTS PROJECT (KENYON ROAD CONNECTOR) Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from RLM, Residential Low Medium zoning district, to RU, Residential Urban zoning district (Conditional) for property located along Portsmouth Boulevard and Nansemond Parkway, Zoning Map 27, Parcels 39, 42, 42A, 42B and 43, RZ07-14 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director D. Scott Mills offered a report on the background information as printed in the official agenda. C.J. Bodnar, 501 Port Center Parkway, Portsmouth, Virginia, Hoggard-Eure, agent, representing Bob Arnette of Coastal Virginia Developers, LLC, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Milteer, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 4 City Council Regular Meeting March 18, 2015 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RLM, RESIDENTIAL LOW MEDIUM DENSITY ZONING DISTRICT, TO RU, RESIDENTIAL URBAN ZONING DISTRICT (CONDITIONAL) FOR PROPERTY LOCATED ALONG PORTSMOUTH BOULEVARD AND NANSEMOND PARKWAY, ZONING MAP 27, PARCELS 39, 42, 42A, 42B AND 43, RZ07-14 (CONDITIONAL) Public Hearing – An ordinance to grant a Conditional Use Permit for a place of worship, large, at least six thousand (6,000) square feet in main sanctuary on property located at 118 C Street, Zoning Map 36A, Parcels 188, 189*190; C15-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills provided an overview on the background information as printed in the official agenda. The follow individuals spoke in support of the proposed ordinance: Hollis D. Ellis, 321 Office Square Lane, Virginia Beach, VA, agent, representing Joseph Hill, applicant. E. Dana Dickens, 9212 Wigneil Street, representing Douglas Cleland Naismith, property owner. Joseph Hill, 362 East Washington Street, applicant. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett, on a motion seconded by Council Member Milteer, moved to approve the ordinance, with conditions, as presented. Referring to the presentation, Mayor Johnson opined about the potential stormwater issues on the parcel. Mr. Ellis explained that there are alternatives to addressing stormwater concerns on the parcel, as the applicant plans to use swales in combination with a wetpond. He added that the information in the report is dated, and a new report will be prepared as required to address changing conditions. Vice Mayor Bennett, on a motion seconded by Council Member Milteer, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PLACE OF WORSHIP, LARGE, AT LEAST SIX THOUSAND (6,000) SQUARE FEET IN MAIN SANCTUARY ON PROPERTY LOCATED AT 118 C STREET, ZONING MAP 36A, PARCELS 188, 189*190, C15-14 5 City Council Regular Meeting March 18, 2015 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a transmitting facility, not specifically enumerated (substation expansion) on property located at 111 Davenport Court, Zoning Map 34, Parcel 45; C26-14 Utilizing a PowerPoint presentation, Planning and Community Development Director Mills gave a summation of the background information as printed in the official agenda. Wade Malaby, no address given, representing Dominion Virginia Power, applicant, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, with conditions, as presented: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A TRANSMISSION FACILITY, NOT SPECIFICALLY ENUMERATED (SUBSTATION EXPANSION) ON PROPERTY LOCATED AT 111 DAVENPORT COURT, ZONING MAP 34, PARCEL 45; C26-14 ORDINANCES Ordinance – An ordinance amending Chapter 2, Section 2-39 of the Code of the City of Suffolk concerning the code of ethics for members of City Council City Attorney Holland offered a synopsis of the background information as printed in the official agenda. Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Council Members Duman, Milteer and Ward 4 NAYS: Vice Mayor Bennett, Council Members Fawcett, Goldberg and T. Johnson 4 The motion failed, and the ordinance was not passed. Ordinance – An ordinance to amend Ordinance 14-O-037 and to authorize the Director of Finance to execute certain leasing documents Finance Director Leonora Reid offered a synopsis of the background information as printed in the official agenda. Referring to the presentation, Council Member Goldberg called for a summation of the background information as printed in the official agenda. Finance Director Reid explained that the proposed ordinance would permit the Finance Director to sign the necessary documents in order to pay vendors. 6 City Council Regular Meeting March 18, 2015 Referring to the presentation, Council Member Goldberg asked if the ordinance would only apply to vehicle leases. Finance Director Reid stated that it would apply to vehicles, generators and other items. Referring to the presentation, Council Member Goldberg queried about the previous method that was used in order to approve the documents for the leasing agent to pay vendors. Finance Director Reid indicated that the Finance Director had previously signed the aforementioned documents as the City Manager’s designee. She added that now the leasing agent is requiring localities to authorize the Finance Director to execute certain leasing documents as a housekeeping item. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 AN ORDINANCE TO AMEND ORDINANCE 14-O-037 AND TO AUTHORIZE THE DIRECTOR OF FINANCE TO EXECUTE CERTAIN LEASING DOCUMENTS RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Work Session for April 1, 2015, at 4:00 p.m., unless cancelled Council Member Fawcett, on motion seconded by Council Member Duman, moved to schedule a Work Session for April 1, 2015, at 4:00 p.m., by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 NON-AGENDA SPEAKERS There were no speakers under this portion of the agenda. 7 City Council Regular Meeting March 18, 2015 NEW BUSINESS City Clerk Dawley presented the following boards and commissions for City Council’s consideration: Early Childhood Development Commission – Dorothy Gamble; Tidewater Emergency Services Council – Battalion Chief John Hoffler; Western Tidewater Community Services Board – Rachel Lewis; Virginia Municipal League Policy Committees – Community and Economic Development – Council Member Lue Ward; Environmental Quality – Council Member Tim Johnson; Finance Committee – Council Member Curtis Milteer; General Laws – Council Member Donald Goldberg; Human Development and Education – Vice Mayor Leroy Bennett; and Transportation – Council Member Roger Fawcett. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to appoint the above referenced individuals to the aforementioned bodies, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward. 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following: the ongoing demolition of the former Municipal Center; ribbon cutting for BURNfit Athletics; the upcoming Suffolk Police Department Promotional Ceremony; Suffolk Restaurant Week; the Community Yard Sale at East Suffolk Recreational Center; the Eggstravaganza at Bennett’s Creek Park; the upcoming Suffolk Humane Society adopt-a-thon; free tax preparation and e-filing services at the Suffolk Workforce Development Center; and the Public Works Department’s webpage to report roadway maintenance concerns. Mayor Johnson reported she attend the investiture ceremony for Judge Arthur Kelsey onto the Virginia Supreme Court. Council Member Johnson extended his condolences to the family of the late Katherine Godwin, former First Lady of Virginia. Council Member Milteer requested additional “No Thru Trucks” signage in the South Suffolk and Dill Roads areas. Council Member Fawcett announced he attended the following: the investiture ceremony for Judge Arthur Kelsey onto the Virginia Supreme Court; Regent University’s 2015 South Hampton Roads Mayors Forum and the ribbon cutting for BURNFit Athletics. Council Member Fawcett commended the Public Works Department for ongoing pothole repairs. Council Member Fawcett advised he would attend the upcoming Suffolk Police Department Promotional Ceremony. Council Member Goldberg thanked City staff for their efforts in preparing for tonight’s meeting. 8 City Council Regular Meeting March 18, 2015 Council Member Ward announced he attended the following: ribbon cuttings for Highlands Residential Mortgage and Benham Real Estate Group; a pastors meeting in Smithfield; the memorial service for the late Virginia Beach Mayor Meyera Oberndorf, and 50th Anniversary of the Selma to Montgomery Voting Rights March. Council Member Duman advised he attended the Suffolk Law Enforcement Ball. Council Member Duman opined about the proposed ordinance amending Chapter 2, Section 2-39 of the Code of the City of Suffolk concerning the code of ethics for members of City Council. Vice Mayor Bennett presented a petition from residents of Magnolia Gardens requesting mass transit service. Vice Mayor Bennett advised City Manager Cuffee-Glenn that he has received a report from a citizen who lives in Nansemond River Estates about noise from military aircraft. Vice Mayor Bennett opined about traffic concerns on Nansemond Parkway and Wilroy Road as a result of the trains and requested an operations schedule for the trains. City Manager Cuffee-Glenn explained that federal laws prohibit that information from being provided to the public. Vice Mayor Bennett asked about the feasibility of making a request to the train companies to shorten the length of trains. City Manager Cuffee-Glenn said that the City could forward that request. Vice Mayor Bennett reported that the railroad crossing grade at Suburban Drive and East Washington Street is in disrepair. Vice Mayor Bennett congratulated Alicia Jackson on being named the Boys and Girls Clubs of Southeast Virginia Youth of the Year. Vice Mayor Bennett thanked City Assessor Jean Jackson for attending a civic league meeting in the Hoiser Road area. Vice Mayor Bennett asked for support for Mason Copeland, who works with Project Lifesaver. Mayor Johnson opined about the proposed ordinance amending Chapter 2, Section 2-39 of the Code of the City of Suffolk concerning the code of ethics for members of City Council. Mayor Johnson reported she attend the investiture ceremony for Judge Arthur Kelsey onto the Virginia Supreme Court. Mayor Johnson expressed her condolences to the family of the late Katherine Godwin, former First Lady of Virginia. Mayor Johnson advised she attended the memorial service for the late Mayor Meyera Oberndorf, City of Virginia Beach. 9 City Council Regular Meeting March 18, 2015 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adjourn, by the following vote: AYES: Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:05 p.m. Teste: ________________________________________________ Erika S. Dawley, MMC, City Clerk Approved: ____________________________________________ Linda T. Johnson, Mayor APPROVED AS AMENDED: APRIL 1, 2015 10